Failure Of Consideration

453 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State Bank OF Springfield v. S. Mill Mushroom Sales, Inc.
  875 F.2d 158· 8th Cir.· 1989-05-08 ·cited 2×
  The court held that South Mill did not breach the compromise agreement by demanding on an expired letter of credit or by stopping shipments due to Garden Fresh's non-payment, and that the Bank breached the agreement by failing to issue a revised letter of credit.
• Coastal Habitat, Inc. v. City Nat'l Bank
  516 So. 2d 105· Fla. 4th DCA· 1987-12-09 ·cited 2×
  Coastal Habitat and individual guarantors appealed summary judgment granted in favor of City National Bank on a promissory note and mortgage dispute. The Fourth District Court of Appeal reversed in part, finding genuine issues of material fact existed regarding affirmative defens
• Chahram Pahlavi v. Petros Palandjian
  809 F.2d 938· 1st Cir.· 1987-01-21 ·cited 2×
  The court held that Palandjian's counterclaims were time-barred and not compulsory, and that Pahlavi was entitled to summary judgment on his claim regarding the dishonored check, with pre-judgment interest awarded from the date of dishonor.
• In re First Penn Corp. v. Fed. Deposit Ins. Corp.
  793 F.2d 270· 10th Cir.· 1986-06-26 ·cited 2×
  The court held that while no valid contract for the land sale existed, First Penn is entitled to restitution for payments made to prevent unjust enrichment, and may have a lien on the sale proceeds, subject to FDIC's defenses in bankruptcy court.
• Wagstaff v. Protective Apparel Corp. OF Am., Inc.
  760 F.2d 1074· 10th Cir.· 1985-05-03 ·cited 2×
  The court held that frustration of purpose can be grounds for rescission under Oklahoma law and that a jury could find fraud based on misrepresentations of future success, but affirmed rescission while reversing the fraud judgment for a new trial on punitive damages.
• Cogan v. Saleeby
  454 So. 2d 786· Fla. 4th DCA· 1984-08-29 ·cited 2×
  The court held that certiorari is not appropriate because the petitioners failed to demonstrate irreparable harm that cannot be remedied by a plenary appeal.
• Cavalere v. Graham
  432 So. 2d 756· Fla. 5th DCA· 1983-06-09 ·cited 2×
  The court held that the trial court erred in granting discovery of an insurance company's investigator's work product, as there was no compelling necessity and no bad faith claim existed.
• Ruiz v. Huddle
  420 So. 2d 327· Fla. 4th DCA· 1982-09-08 ·cited 2×
  A buyer in default on an executory contract, who fails to show inability to perform without fault, cannot recover payments made, even if the down payment was a note secured by a mortgage.
• Midlantic Nat'l Bank v. Commonwealth Gen., Ltd.
  386 So. 2d 31· Fla. 4th DCA· 1980-07-02 ·cited 2×
  Midlantic National Bank appeals a judgment awarding damages to Commonwealth General and Melvin Kaplan on counterclaims alleging fraudulent inducement and breach of a line of credit agreement. The Fourth District reversed, holding that a line of credit does not obligate a bank to
• Anne Narus v. Narus
  382 So. 2d 144· Fla. 4th DCA· 1980-04-09 ·cited 2×
  The court held that the agreement was unenforceable due to a total failure of consideration, as the children's filing of a petition to revoke probate constituted a breach of their promise to avoid legal difficulties.
• Beda C. Supple v. Supple
  370 So. 2d 834· Fla. 3d DCA· 1979-05-08 ·cited 2×
  The court held that rescission of the deed was unwarranted, and the trial court's reformation of the deed to a tenancy in common was proper.
• Shupnick v. Pershing Auto Leasing, Inc.
  363 So. 2d 198· Fla. 3d DCA· 1978-10-17 ·cited 2×
  Shupnick appeals a summary judgment in favor of Pershing Auto Leasing in a breach of contract action regarding a 1967 vehicle leasing agreement. The court reversed, finding that a release signed by Shupnick lacked consideration because the 1969 agreement that was supposed to repl
• Wallace v. Ralph Pillow Motors, Inc.
  344 So. 2d 949· Fla. 1st DCA· 1977-04-22 ·cited 2×
  Appellant Wallace sold Intervest Management Company stock to Appellee Pillow Motors under an installment agreement secured by a promissory note. When Pillow Motors refused to make further payments, Wallace sued on the note. The trial court rejected the claim, but the appellate co
• La Rossa v. Glynn
  302 So. 2d 467· Fla. 3d DCA· 1974-10-15 ·cited 2×
  In this mortgage foreclosure appeal, the defendant-appellant Elizabeth La Rossa challenged a final foreclosure judgment, arguing that a lease agreement contained a mutual mistake regarding rental payment amounts and that this error should prevent foreclosure. The appellate court
• Ginsburg v. Motsinger
  290 So. 2d 509· Fla. 2d DCA· 1974-02-20 ·cited 2×
  This case involves a dispute over a real estate contract where the buyer, Motsinger, failed to obtain specific rezoning for mobile homes, which was a condition for a $50,000 promissory note. The appellate court reversed the summary judgment, finding that Motsinger's alleged instr
• Hunter v. City OF Jacksonville
  273 So. 2d 93· Fla. 1st DCA· 1973-02-06 ·cited 2×
  The court held that the trial judge erred in instructing the jury that mere delay in applying the land for its granted purpose would not impair the grant, as this removed a critical question from the jury's determination.
• Richardson v. VAN Dolah
  429 F.2d 912· 9th Cir.· 1970-07-21 ·cited 2×
  The court held that the trial court erred in decreeing rescission without allowing the vendor a reasonable opportunity to perfect title, and that evidence of the purchaser's actual notice of title defects should have been admitted.
• Ammerman v. Lou Miller
  D.D.C.· 1970-06-17 ·cited 2×
  The court held that the complaint stated a claim upon which relief could be granted, and thus the dismissal for failure to state a claim was improper.
• Jules Sokoloff v. Corinto S.S. Co.
  225 So. 2d 554· Fla. 3d DCA· 1969-08-05 ·cited 2×
  The Florida District Court of Appeal affirmed a summary judgment against a defendant who sought to avoid payment on a promissory note. The court found that written agreements excluded oral warranties and that failure of consideration was not properly raised.
• Captains Table, Inc. v. Khouri
  208 So. 2d 677· Fla. 4th DCA· 1968-04-10 ·cited 2×
  Captain's Table, Inc. sued Albert Khouri for payment for carpet installation work and materials. Khouri appealed a judgment against him, challenging the trial court's striking of his affirmative defense of failure of consideration and the rejection of his counterclaim based on al
• Andrews v. Deering Milliken, Inc.
  382 F.2d 799· 6th Cir.· 1967-10-05 ·cited 2×
  The court held that the agreement's exclusion clause for invalidated patents did not extend to royalties from a valid trademark, entitling the plaintiff to his share of trademark licensing profits.
• Baum v. Spector
  193 So. 2d 50· Fla. 3d DCA· 1966-12-20 ·cited 2×
  The court held that the record did not conclusively show the plaintiff could not prove holder in due course status, and genuine issues of material fact required trial.
• John M. Bullock et ux. v. Carlton Alford et ux.
  192 So. 2d 512· Fla. 1st DCA· 1966-12-08 ·cited 2×
  The appellate court affirmed the foreclosure decree, holding that the chancellor's factual findings were supported by substantial evidence and that the chancellor correctly applied the law regarding vendor accountability for property descriptions.
• DELTA Investing Corp. v. Moore
  366 F.2d 516· 6th Cir.· 1966-09-02 ·cited 2×
  The court held that a party seeking rescission is not always required to restore the status quo if restoration is impossible due to the other party's wrongful conduct.
• The United States v. The Clementon Sewerage Auth.
  365 F.2d 609· 3d Cir.· 1966-07-21 ·cited 2×
  The court held that the preliminary studies were a separable part of the contract, and Wise was entitled to payment for them despite failing to complete final plans within cost limitations.
• Barger v. Barger
  183 So. 2d 253· Fla. 2d DCA· 1966-02-02 ·cited 2×
  The appellate court affirmed a decree setting aside a real estate conveyance due to the decedent's mental incapacity, and upheld the chancellor's lien and credit for services and rental value.
• Ederer v. Joye E. Fisher
  183 So. 2d 39· Fla. 2d DCA· 1965-12-15 ·cited 2×
  The Ederers purchased a promissory note from a mortgage company that had acquired it from the home builder. When the appellee stopped paying due to the builder's breach of a construction warranty, the Ederers sued. The court affirmed the dismissal, holding that the Ederers could
• Parker v. Ferrara
  174 So. 2d 574· Fla. 2d DCA· 1965-04-28 ·cited 2×
  Mortgage defendants appealed a summary decree foreclosing a mortgage lien, claiming failure of consideration, that they were merely guarantors rather than principal debtors, and that the contract was orally modified. The appellate court affirmed, finding no genuine issue of mater
• The First State Bank OF Booker v. The First Nat'l Bank OF Beaver
  319 F.2d 338· 10th Cir.· 1963-06-27 ·cited 2×
  The payee of a bank money order is not a holder in due course under Oklahoma law, and the defense of failure of consideration is valid against the payee.
• Mark Leach Health Furniture Co. v. Thal
  143 So. 2d 64· Fla. 2d DCA· 1962-06-20 ·cited 2×
  The court held that the trial court erred in denying the plaintiff's motion for summary judgment because the defendant's admissions resolved all factual issues in favor of the plaintiff, and the affirmative defense was not properly pleaded.
• Bowers Mfg. Co., Inc. v. All-Steel Equip., Inc.
  275 F.2d 809· 9th Cir.· 1960-01-29 ·cited 2×
  A licensee under a nonexclusive patent license agreement cannot attack the validity of the licensor's patent, even after unilaterally rescinding the agreement, as this constitutes a procedural technicality that does not create substantive rights.
• Silverean J. Brazeal and Daisy v. Brazeal
  270 F.2d 943· 8th Cir.· 1959-10-23 ·cited 2×
  The court held that the lease was not invalidated by a material alteration and that the defendants waived any right to forfeit the lease due to non-payment of rent, affirming the judgment for specific performance.
• Int'l Aluminum Window Corp. v. Ferri
  72 So. 2d 31· Fla.· 1954-04-13 ·cited 2×
  An inventor (Ferri) who licensed his patented window invention to a business partner (Girschowitch) through a corporation (International Aluminum Window Corporation) sought rescission of the licensing contracts based on failure of consideration. The Florida Supreme Court affirmed
• Brown v. Farmer & Ochs Co.
  209 F.2d 703· 6th Cir.· 1954-02-04 ·cited 2×
  The court held that the district court erred in directing a verdict for the plaintiff, as several fact issues, including whether the plaintiff was 'doing business' in Michigan and whether it was a holder in due course, should have been submitted to the jury.
• Roanoke City Mills, Inc. v. Whelchel
  208 F.2d 66· 5th Cir.· 1953-11-10 ·cited 2×
  The court held that the defendant waived any defects in chicken feed purchased before September 13, 1950, by paying for it after observing the results, and that the plaintiff was entitled to a directed verdict for the remaining unpaid balance.
• Lazarov v. Arnold Schwinn & Co.
  183 F.2d 673· 6th Cir.· 1950-06-02 ·cited 2×
  The court held that the buyer could rescind the contract and recover the price paid for non-conforming goods, as the seller's refusal to accept the return was not established and Tennessee law permits rescission for substantial failure of consideration.
• United States v. Dobbins
  139 F.2d 169· 5th Cir.· 1943-12-10 ·cited 2×
  The United States, as a holder in due course of a promissory note, is not subject to defenses like the statute of limitations or material alteration that would be available against the original payee.
• Palmer v. Assocs. Disc. Corp.
  124 F.2d 225· D.C. Cir.· 1941-11-03 ·cited 2×
  The court held that the plaintiff holder failed to sufficiently demonstrate it was a holder in due course, thus the trial court erred in granting judgment based on an insufficient affidavit of defense.
• Persons v. Pflum
  102 Fla. 402· Fla.· 1931-07-09 ·cited 2×
  The Florida Supreme Court affirmed a decree canceling deeds that a minor trustee attempted to use to repudiate a prior conveyance made at the direction of the beneficial owner. The court held that a minor acting as trustee cannot later disaffirm a conveyance made at the beneficia
• Morganthaler v. Holl
  101 Fla. 452· Fla.· 1931-05-05 ·cited 2×
  The Florida Supreme Court reversed a judgment in favor of assignees of a real estate purchase contract, holding that the assignors' inability to convey good title to the property constituted a valid defense to the action for recovery of installment payments.
• Johnston v. Campbell
  100 Fla. 393· Fla.· 1930-07-30 ·cited 2×
  The Florida Supreme Court vacated its prior judgment affirming a trial court's judgment notwithstanding the verdict, holding that even if the defendant's pleas were defective, the trial court should have allowed amendment or repleader and a new trial.
• Nelson v. Hall
  66 Fla. 35· Fla.· 1913-06-25 ·cited 2×
  Edwin Nelson sued R. E. Hall for payment on promissory notes and other claims. After trial, judgment was entered for Hall. The Florida Supreme Court reversed, finding the trial court erred in overruling demurrers to Hall's pleas and in denying Nelson's demand for a jury trial on
• Davis Clary v. Isom
  56 Fla. 236· Fla.· 1908-06-01 ·cited 2×
  Davis Clary sued J. M. Isom on a promissory note for the purchase of a sawmill business. Isom defended by claiming failure of consideration, arguing he did not know he was assuming liability for outstanding equipment financing from a third party. The Florida Supreme Court affirme
• Knight v. Knight
  9 Fla. 283· Fla.· 1860-01-01 ·cited 2×
  L. H. Knight, as administrator of S. S. Knight's estate, sued George W. Knight on a promissory note. The trial court instructed the jury that the defendant bore the burden of proving the signature was not genuine, but the Florida Supreme Court reversed, holding that under the 182
• McKay v. Bellows
  8 Fla. 31· Fla.· 1858-01-01 ·cited 2×
  In this assumpsit action on a promissory note, the Florida Supreme Court reversed the trial court's judgment because the judge erroneously instructed the jury that fraud must be proved to sustain the defendant's pleas of failure of consideration, partial failure of consideration,
• Jabour v. Calleja
  731 So. 2d 792· Fla. 3d DCA· 1999-04-21 ·cited 1×
  In this boundary dispute, the Jabours obtained a quitclaim deed from the Callejas to resolve a property line conflict. The Callejas later sought to rescind the deed, claiming unilateral mistake about the acreage conveyed. The appellate court reversed the trial court's invalidatio
• TLZ Props. v. Kilburn-Young Asset Mgmt. Corp.
  937 F. Supp. 1573· M.D. Fla.· 1996-09-30 ·cited 1×
  The court held that no valid oral agreement for a deed in lieu of foreclosure existed, and even if one did, it was unenforceable under the Statute of Frauds because it was executory and not fully performed. Summary judgment was granted for the defendant on the plaintiff's claims
• Costello v. Providers Fid. Life Ins. Co.
  958 F.2d 836· 8th Cir.· 1992-03-11 ·cited 1×
  The court held that summary judgment was prematurely granted before the defendant had adequate opportunity for discovery and that the defendant should be allowed to amend its pleadings to assert a compulsory counterclaim.
• Kovach v. McLELLAN
  564 So. 2d 274· Fla. 5th DCA· 1990-07-26 ·cited 1×
  Yvonne Kovach appeals a summary judgment foreclosing on her mortgage and the dismissal with prejudice of her counterclaim alleging fraud and failure of consideration. The appellate court vacates the foreclosure judgment and reverses the dismissal, holding that dismissal with prej
• Sec. Ins. Grp. & New Amsterdam Cas. Co. v. Wilkinson
  297 So. 2d 113· Fla. 2d DCA· 1974-06-07 ·cited 1×
  Security Insurance Group appeals a summary judgment requiring it to indemnify Anclote Manor Foundation for a breach of contract judgment obtained by John Wilkinson. The court reverses, holding that Wilkinson's claim for failure to perform psychiatric services was a breach of cont